| 1 | 1 | | 84R2354 KFF-D |
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| 2 | 2 | | By: Menéndez S.B. No. 1773 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the retirement benefits for certain elected state |
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| 8 | 8 | | officials. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 813.503, Government Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Subject to Subsection (a-1), a [A] member may establish |
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| 14 | 14 | | in, or have transferred to, the employee class all service credited |
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| 15 | 15 | | in the elected class, if the contributions made to establish the |
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| 16 | 16 | | service in the elected class equal or exceed contributions required |
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| 17 | 17 | | of a member of the employee class for the same amount of service |
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| 18 | 18 | | during the same time and at the same rate of compensation. Subject |
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| 19 | 19 | | to Subsection (a-1), a [A] member or retiree who has, or had at the |
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| 20 | 20 | | time of retirement, at least eight years of service credit in the |
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| 21 | 21 | | elected class of membership, exclusive of military service, may |
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| 22 | 22 | | transfer service credit between classes before or after retirement. |
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| 23 | 23 | | (a-1) A member or retiree who takes the oath of office for a |
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| 24 | 24 | | position included in the elected class of membership, other than a |
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| 25 | 25 | | district attorney or criminal district attorney, may not transfer |
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| 26 | 26 | | service to the employee class under Subsection (a) until the person |
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| 27 | 27 | | no longer holds that position. |
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| 28 | 28 | | SECTION 2. Section 814.104, Government Code, is amended by |
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| 29 | 29 | | amending Subsections (a) and (d) and adding Subsection (e) to read |
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| 30 | 30 | | as follows: |
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| 31 | 31 | | (a) Except as provided by Subsections [Subsection] (d) and |
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| 32 | 32 | | (e) of this section, Section 814.102, or by rule adopted under |
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| 33 | 33 | | Section 813.304(d) or 803.202(a)(2), a member who has service |
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| 34 | 34 | | credit in the retirement system is eligible to retire and receive a |
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| 35 | 35 | | service retirement annuity if the member: |
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| 36 | 36 | | (1) is at least 60 years old and has at least 5 years of |
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| 37 | 37 | | service credit in the employee class; or |
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| 38 | 38 | | (2) has at least 5 years of service credit in the |
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| 39 | 39 | | employee class and the sum of the member's age and amount of service |
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| 40 | 40 | | credit in the employee class, including months of age and credit, |
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| 41 | 41 | | equals or exceeds the number 80. |
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| 42 | 42 | | (d) Except as provided by Subsection (e) of this section, |
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| 43 | 43 | | Section 814.102, or by rule adopted under Section 813.304(d) or |
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| 44 | 44 | | 803.202(a)(2), a member who was not a member on the date hired, was |
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| 45 | 45 | | hired on or after September 1, 2009, and has service credit in the |
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| 46 | 46 | | retirement system is eligible to retire and receive a service |
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| 47 | 47 | | retirement annuity if the member: |
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| 48 | 48 | | (1) is at least 65 years old and has at least 10 years |
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| 49 | 49 | | of service credit in the employee class; or |
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| 50 | 50 | | (2) has at least 10 years of service credit in the |
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| 51 | 51 | | employee class and the sum of the member's age and amount of service |
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| 52 | 52 | | credit in the employee class, including months of age and credit, |
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| 53 | 53 | | equals or exceeds the number 80. |
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| 54 | 54 | | (e) A member who takes the oath of office for a position |
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| 55 | 55 | | included in the elected class of membership, other than a district |
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| 56 | 56 | | attorney or criminal district attorney, is not eligible to retire |
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| 57 | 57 | | and receive a service retirement annuity under this section that is |
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| 58 | 58 | | based on service credit transferred to the employee class from the |
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| 59 | 59 | | elected class under Section 813.503 until the member no longer |
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| 60 | 60 | | holds that position. This provision does not prohibit a member from |
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| 61 | 61 | | retiring and receiving a service retirement annuity under this |
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| 62 | 62 | | section that is based on service credit earned in a position |
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| 63 | 63 | | included in the employee class of membership under Section 812.003. |
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| 64 | 64 | | SECTION 3. The change in law made by this Act applies only |
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| 65 | 65 | | to a person who takes the oath of office for a position included in |
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| 66 | 66 | | the elected class of membership under Section 812.002, Government |
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| 67 | 67 | | Code, on or after the effective date of this Act. |
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| 68 | 68 | | SECTION 4. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2015. |
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